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ScottyMacEsq
ScottyMacEsq, Attorney
Category: Legal
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Experience:  Licensed Texas General Practice Attorney
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Illinois oral deposition. Adverse attorney's client not

Customer Question

Illinois oral deposition. Adverse attorney's client not present. Neutral officer in charge. After swearing in, notary-shorthand reporter had no further involvement, turning everything over to adverse attorney.
Q---Does this constitute deprivation right of cross examination, thus takin deposition before Adverse Attorney, who should be Disqualified for Interest?
Submitted: 1 year ago.
Category: Legal
Expert:  ScottyMacEsq replied 1 year ago.

Thank you for using JustAnswer.

No. Depositions are different than trials. The right of cross examination exists in trials. Depositions are discovery mechanisms. Pretty much any question is allowed in a deposition (except for attorney client privileged or irrelevant questions). The other client doesn't have to be present (and most of the time isn't, as they would have nothing to do in the first place).

This is exactly how depositions go. A deposition is not a trial. The reporter is not a judge or "running" the deposition. So there's nothing that happened wrong here. You could do the same thing for the other party. This is how depositions go.

Furthermore, "cross examination" is where an adverse attorney addresses you, on the stand, after direct examination is complete (by your attorney). This is in court, not a deposition. So there's no cross examination right implicated at all here as it was simply a deposition.

Hope that clears things up a bit. If you have any other questions, please let me know. If not, and you have not yet, please rate my answer AND press the "submit" button, if applicable. Please note that I don't get any credit for the time and effort that I spent on this answer unless and until you rate it positively (3 or more stars). Thank you, ***** ***** luck to you!

Expert:  ScottyMacEsq replied 1 year ago.

Did you have any other questions before you rate this answer?

Expert:  ScottyMacEsq replied 1 year ago.

Are you there? Please note that I am still here, awaiting your response or rating... (please note that rating closes this question out, so if there's nothing else, please rate it so that I can assist other customers that are waiting for answers to their questions)

Expert:  ScottyMacEsq replied 1 year ago.

My apologies, but I must assist the other customers that are waiting. If there's nothing else, please rate this answer. Please note that I don't get any credit for the time and effort that I spent on this answer unless and until you rate it 3 or more stars (good or better) AND press the "submit" button, if applicable. If you feel that I have gone above and beyond in this answer (my average answer is about 10 minutes) bonuses are greatly appreciated. Thank you, ***** ***** luck to you!

▼ RATING REQUIRED! ▼ Please don't forget to Rate my service positively. It's only after you rate that I am credited.

Expert:  ScottyMacEsq replied 1 year ago.

I see that you have not responded in some time. Please note that this question is still open until you rate it. I believe that I have answered your question, but if you have any other questions, please let me know.If not, and you have not yet, please rate my answer. Please note that I don't get any credit for my answer unless and until you rate it a 3, 4, 5 (good or better). Thank you, ***** ***** good luck to you!

Expert:  ScottyMacEsq replied 1 year ago.

Did you have any other questions before you rate this answer?

Expert:  ScottyMacEsq replied 1 year ago.

I see that you still have not responded in some time. Please note that this question is still open until you rate it. I believe that I have answered your question, but if you have any other questions, please let me know.If not, and you have not yet, please rate my answer. Please note that I don't get any credit for my answer unless and until you rate it a 3, 4, 5 (good or better). Thank you, ***** ***** good luck to you!

Expert:  ScottyMacEsq replied 1 year ago.

Was there anything else? Again, please note that this question remains open until you rate it 3 or more stars on your screen.